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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                             )                               
     In the Matter of                                        
                             )                               
     KITZ Radio Inc.             File No. EB-06-ST-119       
                             )                               
     Licensee of KGTK (AM)       NAL/Acct. No. 200632980005  
                             )                               
     Olympia, Washington         FRN: 0003791456             
                             )                               
     Facility ID No. 47567                                   
                             )                               


                  NOTICE OF APPARENT  LIABILITY FOR FORFEITURE

   Released: September 1, 2006

   By the Acting District Director, Seattle District Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that KITZ Radio Inc. ("KITZ Radio"), the licensee of AM station KGTK,
       in Olympia, Washington, apparently willfully and repeatedly violated
       Section 73.3526 of the Commission's Rules (Rules) by failing to
       maintain a complete public inspection file. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that KITZ Radio is apparently liable for a forfeiture in the amount of
       four thousand dollars ($4,000).

   II. BACKGROUND

    2. On May 24, 2006, an agent of the Enforcement Bureau's Seattle Office
       conducted an inspection of the public inspection file for KGTK at Mile
       Hill Drive, Suite 201A, Port Orchard, Washington. While examining the
       public inspection file, the agent observed that the KGTK public
       inspection file was not complete. Specifically, there were no copies
       of current FCC authorization to operate the station and no radio
       issues/programs lists for calendar years 2005 or 2006. During the
       inspection the Seattle agent interviewed the station's general manager
       concerning the missing items. The general manager indicated that he
       did not know why these items were missing.

    3. Because the license period for radio stations in the State of
       Washington ended on February 1, 2006, KITZ Radio was required to file
       a renewal application for KGTK with the Commission no later than
       October 1, 2005, as required by Section 73.3539(a) of the Rules. A
       search of Commission's records by the Seattle agent revealed KITZ
       Radio did file a timely renewal application.  As of the date of this
       NAL, the renewal application remains pending.

   III. DISCUSSION

    4. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully fails to comply with any of the
       provisions of the Act or of any rule, regulation or order issued by
       the Commission thereunder, shall be liable for a forfeiture penalty.
       The term "willful" as used in Section 503(b) has been interpreted to
       mean simply that the acts or omissions are committed knowingly. The
       term "repeated" means the commission or omission of such act more than
       once or for more than one day.

    5. Section 73.3526(a)(2) of the Rules requires that every licensee of an
       AM station licensee shall maintain a public inspection file containing
       the material, relating to that station, described in paragraphs (e)(1)
       through (e)(10) and paragraphs (e)(12) through (e)(14) of this section
       as well as paragraph (e)(16) of this section. Further, as required by
       Section 73.3526(b), the location of the public file shall be
       maintained at the station's main studio location.

    6. Section 73.3526(e)(1) of the Rules requires licensees to place in
       their public inspection file a copy of the current FCC authorization
       to operate the station. These materials shall be retained until
       replaced by a new authorization. During the examination of the file on
       May 24, 2006, no copy of the KGTK station authorization was found.
       Therefore, KITZ Radio failed to comply with Section 73.3526(e)(1) of
       the Rules.

    7. Section 73.3526(e)(12) of the Rules requires AM and FM broadcast
       licensees to place in their public inspection file, for each calendar
       quarter, a list of programs that have provided the station's most
       significant treatment of community issues during the preceding three
       month period. This list is known as the radio issues/programs list.
       Copies of the lists must be maintained in the file until final action
       has been taken on the station's next renewal application. KGTK's
       public inspection file contained no radio issues/programs lists
       subsequent to 2004. Therefore, KITZ Radio failed to comply with
       Section 73.3526(e)(12) of the Rules.

    8. In the pending KGTK renewal application, in response to Section III,
       Question 3, KITZ Radio certified that the public inspection file for
       KGTK had the proper documentation as required by 73.3526. However, as
       the Seattle agent's inspection revealed, KGTK did not have a complete
       public inspection file. KITZ Radio was aware of the requirement to
       have a complete public inspection file, given its response on the KGTK
       renewal application; therefore, KITZ Radio's violation is willful. No
       evidence could be found to indicate that any of the materials missing
       from the public inspection file were ever in place. In particular, no
       evidence could be found to show that the KGTK radio issues/programs
       lists were maintained after 2004. Therefore, KITZ Radio's violation is
       repeated. Where lapses occur in maintaining the public inspection
       file, neither the negligent acts nor omissions of station employees or
       agents, nor the subsequent remedial actions undertaken by the
       licensee, excuse or nullify a licensee's rule violation.

    9. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80(b) of the Rules to Incorporate the Forfeiture
       Guidelines ("Forfeiture Policy Statement"), and Section 1.80 of the
       Rules, the base forfeiture for public file violations is $10,000. In
       assessing the monetary forfeiture amount, we must also take into
       account the statutory factors set forth in Section 503(b)(2)(D) of the
       Act, which include the nature, circumstances, extent, and gravity of
       the violations, and with respect to the violator, the degree of
       culpability, and history of prior offenses, ability to pay, and other
       such matters as justice may require. In this case, although the public
       inspection file was partially complete, it did not contain several
       required items, in particular, multiple years of the radio
       issues/programs lists. We therefore conclude a forfeiture amount of
       $4,000 is appropriate. Applying the Forfeiture Policy Statement,
       Section 1.80, and the statutory factors to the instant case, we
       conclude that KITZ Radio is apparently liable for a $4,000 forfeiture.

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, KITZ Radio Inc. is hereby
       NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of
       four thousand dollars ($4,000) for violation of Section 73.3526 of the
       Commission's Rules.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty days of the release date of this
       Notice of Apparent Liability for forfeiture, KITZ Radio Inc. SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   12. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.  The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Seattle District
       Office, 11410 NE 122^nd Way, Suite 312, Kirkland, Washington, 98034,
       and must include the NAL/Account No. referenced in the caption.

   14. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   15. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director - Financial Operations, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail to KITZ Radio Inc.

   FEDERAL COMMUNICATIONS COMMISSION

   Steven C. Houser

   Acting District Director

   Seattle District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 73.3526.

   47 U.S.C. S 503(b).

   The file contained complete issues/programs lists for the license term up
   to and including calendar year 2004, and undated lists of public service
   announcements.

   47 C.F.R. S 73.1020(a) and (a)(15)(i).

   47 C.F.R. S 73.3539(a).

   See File No. BR - 20050930AIZ, filed September 30, 2005 (Broadcast Renewal
   Application).

   Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'repeated', when used with reference to the
   commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S 73.3526(a)(2).

   47 C.F.R. S 73.3526(b).

   47 C.F.R. S 73.3526(e)(1).

   47 C.F.R. S 73.3526(e)(1).

   47 C.F.R. S 73.3526(e)(12).

   See File No. BR - 20050930AIZ, filed September 30, 2005 (Broadcast Renewal
   Application).

   See Padre Serra Communications, Inc., 14 FCC Rcd 9709 (1999) (citing
   Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970) and Eleven Ten
   Broadcasting Corp., 33 FCC 706 (1962)); Surrey Range Limited Partnership,
   71 RR 2d 882 (FOB 1992).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S
   1.80.

   47 U.S.C. S 503(b)(2)(D).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.3526.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

   2

   Federal Communications Commission